The following Competition practice note provides comprehensive and up to date legal information covering:
Any party affected by an alleged infringement of EU competition law can bring a complaint before the European Commission in relation to agreements and practices that may amount to an infringement of Articles 101 and/or 102 TFEU.
The Commission states in its Notice on the handling of complaints that it 'wishes to encourage citizens and undertakings to address themselves to the public enforcers [of competition law] to inform them about suspected infringements of the competition rules'.
For ease of reference in the following the party bringing the complaint is referred to as the 'complainant'. The party complained about is referred to as the 'defendant'.
Further guidance on the Commission’s handling of complaints can be found in section 5 of the Commission’s notice on best practices for the conduct of proceedings concerning Article 101 and 102 TFEU and the Commission’s internal manual of procedures.
A complainant could potentially bring a complaint to the Commission, or, in a Member State, to a national competition authority; alternatively, instead of submitting a complaint to a competition authority, a potential claimant could bring a private action before a national court (note–a complaint to a competition authority may be pursued in parallel to private enforcement in the courts). The focus, below, is on the procedures and practice of the Commission (in so far as complaints to a competition authority are concerned). The procedures at
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.